Clarifying states’ obligations to prevent hostage-taking in the aftermath of the Beslan school siege

Between February and August 2004, Chechen separatists committed at least nine terrorist attacks in Moscow and the North Caucasus. In August, the Russian authorities had intelligence that ‘the fighters plan to capture a civilian object with hostages’ in North Ossetia. Further communications identified the Day of Knowledge, an educational festival scheduled for 1 September, as the likely target.

On 1 September 2004, hundreds of parents and siblings attended School No. 1, the largest school in Beslan, North Ossetia. Separatists attacked the school, taking over 1,100 people hostage, including around 800 children.

From the start, the Russian government spread disinformation, seeking to minimise the crisis.

On 3 September, a series of explosions ripped through the school buildings. A large fire started. State security stormed the compound, with tanks firing into the school buildings at close range. Security personnel stationed around the perimeter used large-calibre machine guns, portable grenade launchers and flamethrowers. It took three hours to evacuate the survivors. Many hostages were trapped in the burning school buildings, others caught in the crossfire. Taken together, the siege and security operation claimed a total of 331 lives and resulted in countless injuries.

The case

Beginning in 2007, and working with our Russian partner Memorial Human Rights Centre, we made four separate applications to the European Court of Human Rights (ECtHR), on behalf of over 300 hostages and relatives.

In April 2017, the ECtHR published its judgment in the case. Evidence existed that the Russian authorities knew of “a real and immediate risk to the lives of the potential target population”, that it ‘ had a sufficient level of control over the situation’, and  ‘could be expected to undertake… (reasonable measures) to avoid or at least mitigate this risk.” The ECtHR found that Russia had failed to meet its positive obligation to prevent the threat to life, and its responsibility to carry out an effective investigation. Its planning and control of the rescue operation were inadequate, and its use of lethal force had been disproportionate.

What this litigation achieved

The ECtHR judgment in this case was an important milestone in the development of human rights law as it applies to hostages. Where intelligence exists indicating the risk of a hostage incident, states must take measures to prevent the incident occurring. When hostages are taken, they have an obligation to adequately plan their rescue operation. And they must investigate the hostage incident and their own operation when there has been a loss of life.

This judgment was also an important step for the victims of the Beslan school siege in their fight for justice.

“The European Court of Human Rights is a benchmark of justice… We could not find justice in our country… If the Strasbourg Court was not there to support us, it really would be a scary world in which to live.”

Ella Kesayeva and Emma Tagayeva, applicants